Tallman v. Lewis
Supreme Court of Arkansas
Appeal from Arkansas Chancery Court; John M. Elliott, Chancellor; 1. The chancery court had no jurisdiction without a showing of fraud upon the county court. 44 Ark. 225; 47 Id. 80; 103 Id. 16; 105 Id. 212; 96 Id. 264; 48 Id. 544; 110 Id. 34; 113 Id. 442; 112 Id. 91; 170 S. W. 40. 2. No fraud was shown. 3. Act 279, Acts 1909, can not foe literally or strictly construed. 106 Ark. 518. If the law is properly construed defendants followed the law. 106 Ark. 39. Tall-man was not…
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Appeal from Arkansas Chancery Court; John M. Elliott, Chancellor; 1. The chancery court had no jurisdiction without a showing of fraud upon the county court. 44 Ark. 225; 47 Id. 80; 103 Id. 16; 105 Id. 212; 96 Id. 264; 48 Id. 544; 110 Id. 34; 113 Id. 442; 112 Id. 91; 170 S. W. 40. 2. No fraud was shown. 3. Act 279, Acts 1909, can not foe literally or strictly construed. 106 Ark. 518. If the law is properly construed defendants followed the law. 106 Ark. 39. Tall-man was not a contractor with the hoard. He performed the services and was entitled to pay. Kirby’s Digest, § 3534; 50 Ark. 83. Also…
1Opinion of the CourtHart, J.
Geo. C. Lewis, a land owner in Big Island Drainage District No. 8 of Arkansas County, instituted this action in the chancery court against Elliott Tallman, Louis Buerkle and J. W. Underwood, the commissioners of said drainage district. The object of the suit was to recover from them certain amounts of taxes collected from the land owners in the district which were alleged to have been illegally held by said commissioners and converted to their own use. The material facts are as follows:
The drainage district was duly organized in the fall of 1911, and the commissioners, after being appointed…
2Cases cited13 opinions
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